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HomeMy WebLinkAboutOrdinance 4090 FILED FOR RECO ? D 198 AUG 9 RM 10 33 ViASHIL >14Oi7 CO AR IC . HAMIESS ORDINANCE NO. 4 0 9 0 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ98-6.00 FOR A PARCEL CONTAINING APPROXIMATELY 19.47 ACRES LOCATED ON THE SOUTHEAST CORNER OF CATO SPRINGS ROAD AND RAZORBACK ROAD AS REQUESTED BY THE DINERSTEIN COMPANIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section1. That the zone classification of the following described property is hereby changed as follows: For the real property described in Exhibit "A" attached hereto and made a part hereof. From I- 1 , Heavy Commercial-Light Industrial District to R-2, Medium Density Residential District. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. .,PASSED AND APPROVED this�s day ofl-°r' 1998. Al APPROVED: nn ,,�� Il�j� By: /w6J° '" '�' i t - �•.; _ Fred Hanna, Mayor 11T PEST - - By: Bather Woodruff, City tlk 9 ®066201 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ98-6.00 A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 29, Township 16 North, Range 30 West, being more particularly described as follows: From the Northeast Comer of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 29, thence South 2 degrees 32 minutes 30 seconds West - 44.30 feet to the South right-of-way line of Cato Springs Road, thence along said South right-of-way line North 87 degrees 28 minutes 57 seconds West - 155.60 feet to the point of beginning, thence along said South right-of-way line North 87 degrees 28 minutes 57 seconds West - 346.86 feet; thence South 1 degree 52 minutes 28 seconds West - 9.75 feet; thence North 87 degrees 59 minutes 09 seconds West - 72.23 feet to the beginning of a curve; thence Southwesterly curving to the left along said South right-of-way line, said curve having a radius of 298.75 feet, a delta angle of 48 degrees 21 minutes 24 seconds, and a length of 252. 14 feet to the East right-of-way line of Arkansas Highway 265; thence along said East right-of-way line South 21 degrees 56 minutes 30 seconds West - 45. 16 feet; thence South 20 degrees 28 minutes 50 seconds West - 97.90 feet; thence South 18 degrees 58 minutes 50 seconds West - 48.95 feet; thence South 17 degrees 54 minutes 15 seconds West - 56.42 feet; thence South 17 degrees 19 minutes 40 seconds West - 92.37 feet; thence South 8 degrees 47 minutes 50 seconds West - 10 1 . 12 feet; thence South 17 degrees 19 minutes 40 seconds West - 77.48 feet; thence South 26 degrees 19 minutes 33 seconds West - 83.72 feet; thence leaving said East right-of-way line South 87 degrees 22 minutes 57 seconds East - 653 .00 feet; thence South 2 degrees 34 minutes 20 seconds West - 576.00 feet to the South line of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 29; thence along said South line South 87 degreesl4 minutes 15 seconds East - 539.50 feet to the West right of way line of the Arkansas Missouri Railroad; thence along said West right-of-way line North 8 degrees 06 minutes 09 seconds West - 897.20 feet; thence leaving said West right-of-way line South 80 degrees 33 minutes 50 seconds West - 150.50 feet; thence North 7 degrees 42 minutes 23 seconds West - 426.50 feet to the point of beginning, containing 19.47 acres, more or less, to the City of Fayetteville, Washington County, Arkansas. Subject to any easements and/or rights-of-way of record. 9806620 I, Kathleen Narnese,on irculit nlyl ArfneQn , do hereby Recorder for Washingt ied for record In my certify that this Instrument Web fl office as indlaAtad horOm And the same Is now duly recorded with the aoknowledgement and certificate on In Record Hook and Psge as indicated thereon. there IN WITNESS WHEREOF, I have hereunto set my hand end affixed the anal of said Courton the date indi- cated hereon. Kathleen Hames .. Circuit Clerk and x-ofll i Reoordsr by amended to reflect the zoning change provided in Section 1 above. L PASSED AND APPROVED 4 V L: v this 21st day of Apol, 1998. APPROVED: STATE OF ARKANSAS P•1AY 1 ) i2vn By: Fred Hanna, Mayor ATTEST SS. r:f1l � Mnr r=''7T By: Heather Woodruff, City County of Washington Clerk EXHIBIT *A" I, RANDALL COPE, hereby certify that I am the publisher of THE LEGAL DESCRIPTION FOR NORTHWEST ARKANSAS TIMES, a daily newspaper having a second RZ98-6.o0 class mailing privilege, and being not less than four pages of five A part of the Northwest Quarter columns each, published at a fixed play of business and at fixed (daily) (NW1/4) of the Northeast Quar- intervals continuously in the City of Fayetteville, County of Washington, ter (NEI/4) of Section 29, Township 16 North, Range 30 Arkansas for more than a period of twelve months, circulated and West,st, being more particularly described a as follows: From the distributed from an established place of business to subscribers and Northeast Cerner of the North. readers generally of all classes in the City and County for a definite price west Quarter (NWt/4) of the Northeast Quarter (NE1/4) of for each copy, or a fixed price per annum, which price was fixed at what ORDINANCE NO. 4090 td Section 29, thence South 2 is considered the value of the publication, based upon the news value tlegrees 32 minutes 30 sec- onds West - 44.30 feet to the and service value it contains, that at least fifty percent of the subscribers AN ORDINANCE REZONING South right-ol-way line of Cato THAT PROPERTY DESCRI- Springs Road, thence along thereto have paid for their subscriptions to the newspaper or its agents BED IN REZONING PETITION said South right-ol-way line RZ98-6.00 FOR A PARCEL North 87 degrees 28 minutes Or through recognized news dealers over a period of at least six months CONTAINING APPROXIMATE- 57 seconds West - 155.60 foal and that the said newspaper publishes an average of more than forty LY 19.47 ACRES LOCATED to the point of beginning, ON THE SOUTHEAST COR. thence along said South right- percent news matter. NER OF CATO SPRINGS of-way line North 87 degrees ROAD AND RAZORBACK 28 minutes 57 seconds West ROAD AS REQUESTED BY 34686 feet thence South 1 de- THE DINERSTEIN COMPA- 'gree 52 minutes 28 seconds I further certify that the legal notice attached in the matter of NES. West - 9.75 feet; thence North 87 degrees - minutes 09 sec- # / /(lI}Q CI I7 ORDAINED BY THE ends West - a curvet to the CITY COUNCIL OF THE CITY beginning of a curve; thence LJ OF FAYETTEVILLE, ARKAN- southwesterly curving to the left I SAS: along said South right-of-way line, said curve having a radius was published in the regular daily issue of said newspape or Section 1. That the zone clan- of 298.75 feet, a delta angle of consecutive insertions as follows: sificabon of the following descr - 48 degrees 21 minutes 24 sec- bed property is hereby changed ends, and a length of 252.14 y as follows: feet to the East right-of-way line The first insertion on the da Of 19 t+ of Arkansas Highway 265; y For the real property described thence along said East right-of- in Exhibit 'A' attached hereto way line South 21 degrees 56 and made a part hereof minutes 30 seconds West - the second insertion on the day of 19 45.16 feel; thence South 20 do- From I.I . Heavy Commercial- grees 28 minutes 50 seconds Light Industrial District to R-2, West - 97.90 feet; thence South the third insertion on the day of 19 Medium Density Residential 18 degrees 58 minutes 50 'sec- District. ends West - 48.95 feet; thence South 17 degrees 54 minutes and the fourth insertion on the day of 19 Section 2. That the official zon- 15 seconds West -56.42 feet; Ing map of the City of Fayette- thence South 17 degrees 19 ville, Arkansas, is hereby minutes 40 seconds West - 92.37 feet; thence South 8 de. grees 47 minutes 50 seconds West - 101 . 12 loot; thence South 17 degrees 19 minutes Publisher / Gen al Manager 40 seconds West -77.48 feet; thence South 26 degrees 19 minutes 33 seconds West - East feet; thencright-of-way line Sou said Swom to and subscribed before me on this da Of East ries 22-way line South e7 y degrees 22 minutes 57 sec. �y (•� ontls East -653.00 feet: thence South 2 degrees 34 minutes 20 seconds West - 576.00 feet to the South line of the Northwest Quarter (NW1/4) of the North- east Quarter (NEI/4) of said Section 29; thence along said S[ rAdl]��iDt) South line South 87 degrees 14 minutes 15 seconds East - 1 Notary Public, StatcO ary Public 539.50 feet to the West right of r WaShingtonCounry 1 M Commission Ex fres: mmro51 way line of the Arkansas long y p ui<-sinn 6}-ie souri Railroad; thence along �t��n said West right-of-way line �(ttRR<UttttUttUCcc(C<cUCC<[C� North 8 degrees 06 minutes 09 seconds West id West feet; /�•r^�1 thence leaving said West right- Fees for Printing $ Ila 60 of-way line South 80 degrees "" "� �""""" "'- ""-"""������� ���� • 33 minutes 50 seconds West - 150.50 feet thence North 7 de- Cost of Proof.... .. ..... .... .. ... .... ..... ............ ..... ... .. . .$ grees 42 minutes 23 seconds West - 426.50 feet to the point of beginning, containing 19.47 Total... .... ..... ......... .. ......... ... .. ....... .......... ............$ O acres, more or less. to the City of Fayetteville, Washington County, Arkansas. Subject to . any easements and/or nghts-of way of record - -